Recent trends indicate a substantial increase in the denial rate of immigration petitions by USCIS. When USCIS has denied an application or petition, post-decision options include refile, appeal to the Administrative Appeals Offices within USCIS, or file a lawsuit against the agency. Generally, the AAO option is rarely successful when pursued.
Many USCIS RFEs and denials contain errors of law and/or facts and represent ideal cases for potential litigation. While litigation may not be the proper choice in certain circumstances, consideration of litigation should be evaluated as an option, particularly if the record is strong.
When considering litigation, you need an experienced attorney to help in getting adverse decisions reversed. This law firm specializes in EB-1As and can assist in evaluating litigation as an option.